Rahul Rajendra Mahabudhe And ... vs Narmadaprasad D. Kewaliya ...
2021 Latest Caselaw 6993 Bom

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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                NAGPUR BENCH, NAGPUR

                                Civil Application (CAF) No.945/2021
                                                  IN
                                 First Appeal Stamp No.12728/2020
Shri Rahul Rajendra Mahabudhe & Ors. Vs. Shri Narmadaprasad D. Kewaliya (Deceased) & Ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                               Court's or Judge's Orders
or directions and Registrar's orders.
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                 Shri M.M. Dhandekar, Advocate for the Applicants/Appellants.
                 Shri M.A. Kadu, AGP for Respondent No.16.

                 CORAM : S.M. MODAK, J.

DATE : 3rd MAY, 2021.

Hearing was conducted through Video Conferencing and the learned Advocate agreed that the audio and visual quality was proper.

2. Heard learned Advocate Shri M.M. Dhandekar for the applicants/appellants.

3. The learned Joint Charity Commissioner, Nagpur, as per the judgment dated 6th June, 2019, was pleased to dismiss the application of these applicants. It was filed under Section 47 of the Maharashtra Public Trust Act, 1950. None of the respondents therein have contested the proceedings. The application was rejected on the sole ground that the present applicants cannot fall within the purview of Section 2(10) of the Maharashtra Public Trust Act, 1950.

4. Out of fifteen respondents, respondent Nos.1, 2, 3, 5, 9, 10, 12, 13 and 14 have been shown as deceased, and it is also recorded in the impugned judgment. So, at present, no need to issue notice to them.

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5. Issue notice rest of the respondents, returnable in the 2nd week of July, 2021.

6. Learned AGP Shri M.A. Kadu waives service of notice on behalf of respondent No.16.

7. The appellants to supply the copy to learned AGP.

JUDGE

vijay